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PEOPLE v. GUTIERREZ

No. 1-05-3633.

876 N.E.2d 233 (2007)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Armando GUTIERREZ, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

September 10, 2007.

Attorney(s) appearing for the Case

Thomas A. Moore, Palos Hills, for Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (James E. Fitzgerald, Tasha-Marie Kelly, and Sheila A. Morrissey, of counsel), for Appellee.

Justice WOLFSON delivered the opinion of the court:

This case places us in a procedural quandary.

On July 17, 2002, following a jury trial, Armando Gutierrez was convicted of first degree murder and attempt first degree murder. On August 21, 2002, he was sentenced to 40 years in prison for the murder and 20 years for the attempt, the sentences to be served consecutively.

In this appeal, the defendant contends: (1) his first degree murder conviction...

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